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ATLANTA & C.A.L. RY. CO. v. SPTG. TERM'L CO.

17725

237 S.C. 404 (1960)

117 S.E.2d 574

ATLANTA AND CHARLOTTE AIR LINE RAILWAY COMPANY and Southern Railway Company, Appellants, v. SPARTANBURG TERMINAL COMPANY, Respondent.

Supreme Court of South Carolina.

December 12, 1960.

Attorney(s) appearing for the Case

Messrs. William C. Bennett, Jr., of Washington, D.C., Frank G. Tompkins, Jr., of Columbia, and Sam R. Watt, of Spartanburg, for Appellants.

Messrs. Jesse W. Boyd and Means & Browne, of Spartanburg, for Respondent.

December 12, 1960.

STUKES, Chief Justice.

This case turns upon whether one railroad corporation may cross by its track the right of way and tracks of another railroad without prior order of the State Public Service Commission. We think that it cannot, perforce Sec. 58-991 of the Code of Laws of South Carolina of 1952, which follows:

"The Public Service Commission shall regulate and control by special order in each case the manner in which any street...

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